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Anti-Democratic Knesset Bills
By Stephen Lendman
10-25-11

Knesset summer session bills grievously harm civil and
human rights if passed. Basic freedoms are at risk, including speech, assembly,
association, and right to dissent.

On October 16, a Haaretz editorial addressed one measure
affecting press freedom headlined, "Free press in Israel is in danger,"
saying:

Knesset extremists want to silence it "through the
threat of libel suits that would jeopardize the economic foundations of
the media outlets."

Last week, Knesset Law and Justice Committee chairman
David Rotem (Yisrael Beiteinu party) approved MK Yariv Levin's (Likud)
bill for first reading. It calls for more punitive libel compensation from
50,000 to NIS 300,000 (Israeli new shekel) with no need to prove damages.

Moreover, the penalty could rise to NIS 1.5 million if
the complainant's response isn't published in full.

Levin claimed "freedom of expression is not freedom
of transgression." MK Meir Sheetrit (Kadima) wants Israelis protected
from "the great power of the media."

"For years now, democracy in Israel has been under
attack from the right-wing parties....(They) control the Knesset and enjoy"
protective Kadima support in their efforts to establish 'Jewish supremacy'
using the tools of law."

Israel's "Prohibition on Instituting a Boycott"
law prohibits actions against Israeli products, persons and activities
connected to Israel and its settlements.

The Association for Civil Rights in Israel (ACRI) said
passage gravely weakened Israeli democracy. So did other enacted measures.
Those now pending may destroy it entirely.

ACRI discussed them in its summer Knesset review. They
include:

Committees of Inquiry to Investigate NGOs

Two pending bills seek to establish committees of inquiry
into NGO financing. So far neither measure passed. Rejecting them as written
in July, they may be reintroduced in new form. At issue is targeting NGOs
critical of Israeli policies.

An Amendment to the 2002 Civil Service Law

If enacted, applicants with Israeli military or other
national service will receive preferential treatment regardless of qualifications.
Arabs will be marginalized.

The measure violates Israel's Equal Opportunity in Employment
Law. The bill passed its first reading. So far, no further action was taken.

An Amendment to Israel's Anti-Defamation Law

Passage will permit libel suits and criminal prosecutions
against anyone slandering Israel or its institutions. It would also let
affected persons bring civil suits. NGOs critical of Israeli policies are
specifically targeted. No action so far was taken.

Amending Israel's Income Tax Ordinance (Taxation of Public
Institutions Receiving Contributions from Foreign Political Entities)

NGOs, mainly human rights ones, are again targeted by
imposing a 45% tax on foreign contributions received. State funded organizations
will be exempt. No action so far was taken.

Amending the Associations Law (Prohibition of Support
from a Foreign State Entity to Political NGOs in Israel)

"(M)any organizations operating under the guise
of 'human rights groups' come here to influence the political discourse,
the character, and the policies of the State of Israel."

Hearings so far were postponed. Foreign affairs and other
officials fear the measure harms Israel's image. So do others reviewed
in this article and bills now law.

The Courthouses Bill Amendment (Transparency in the Appointment
of Supreme Court Justices and in the Appointment of the President and Vice-President
of the Supreme Court)

The measure seeks to establish public hearings and making
appointments dependent on the Knesset's Constitution, Law and Justice Committee.

At issue is politicizing appointments, violating separation
of powers, and further weakening checks and balances. The bill was tabled.
No further action was taken.

Return of the Wisconsin Program

The bill aims to give far-reaching powers to corporations
at the expense of workers. They include authority to deny them income support
benefits that provide social safety net protection for families with no
other income source.

Privatizing this power will deprive hundreds of thousands
of employees of their right to live in dignity, besides issues of liberty,
property and privacy.

Passage also will violate Israel's Basic Law: Human Dignity
and Liberty. It would expand the program nationwide as fixed policy. ACRI
strongly opposed the original Wisconsin Plan. It promises strong opposition
to this one. It's being debated in the Knesset's Labor, Welfare and Health
Committee.

Planning and Building Reform

This measure would replace the current Planning and Building
Law. According to the Council for Responsible Planning, the bill damages
the public's interest and violates environmental standards.

Among other issues, it fails to ensure fair representation
on planning councils. It gives no clear authority to government over local
concerns. It impairs citizen rights to oppose plans and appeal council
decisions.

It excludes provisions for public decision making participation.
It also omits mechanisms to ensure social interests such as social consulting,
social impact studies, assuring affordable housing, and others.

Under debate, the measure's preparing for its second
and third readings.

The National Housing Committees Law

The bill potentially harms public and social interests
by bypassing Planning and Building Law provisions. It excludes local planning
committee authority to promote affordable housing in neighborhoods of mixed
social character. It's discriminatory and unfair.

It passed the Knesset plenum last August.

Amending the Entry into Israel Law, it authorizes a "Tribunal
for Foreign Nationals" to hear issues relating to legal residency,
including for children of permanent residents.

It lets both Interior and Justice ministries rule on
immigration and residency status of non-Jews. Concentrating executive,
legislative and judicial authority this way violates democratic principles,
including separation of powers, public court proceedings, and judicial
fairness.

It also harms non-citizen and permanent resident spouses,
East Jerusalem children, migrant workers, stateless persons and others.
The Interior Committee approved the measure for its second and third readings.

Prevention of Infiltrators Law

It authorizes arrest of asylum seekers and their children
for up to three years. Israel's Entry into Israel Law permits up to 60
days.

If passed, every asylum seeker potentially could face
criminal prosecution and imprisonment for up to five years. It also applies
to anyone aiding and abetting them. Repeat offenders may face 15 years.

The bill trashes fundamental human rights principles.
The Committee on Internal Affairs is debating it in preparation for its
second and third readings.

Enforcement and Protection of Public Safety Bill

The measure dramatically expands municipal inspectors'
powers, authorizing them to prevent violence in local jurisdictions. It
abrogates state responsibility to provide essential services to all its
citizens. Instead, it would transfer core services to local municipalities.

The original text was draconian. It's now softened but
still worrisome. It permits conflict of interest and the politicization
of law enforcement. At the same time, it widens the gap between law enforcement
in various communities.

It discriminates on the basis of religion, ethnicity,
and nationality. It lacks an independent, effective way to handle public
complaints. It also gives inspectors police powers.

The Committee on Internal Affairs approved it as a Temporary
Order. Valid for two years, it applies only to 13 localities already running
a pilot project. A final vote is expected soon.

The measure seeks to prevent security prisoners from
consultations with specific lawyers, based on secret information. It also
applies without having to prove attorneys committed improper behavior.

Israeli law already prevents lawyer/client meetings in
cases involving (secret) suspicions it could be used to commit a crime,
endangering public security or prison discipline.

The proposed amendment goes further, and lengthens incarceration
periods before judicial oversight is required. It violates fundamental
prisoner rights. Approved for second and third readings, a final vote is
expected soon.

Earlier legislation authorized establishing a genetic
database. Doing so raised privacy and dignity issues. It also enhances
law enforcement. As a result, balances and limits were imposed on what
data could be stored, how, and how it's used.

The current measure overturns this delicate balance,
intrusively affecting privacy. It authorizes more bodies (including international
ones) to receive information. It also lets more types of information be
collected and maintained.

The bill passed.

Biometric Database Pilot

The measure authorizes establishing it with little attention
paid to issues causing other governments to reject similar projects. Nonetheless,
regulatory oversight was approved by a special Knesset committee with little
debate.

Planning and Construction Law (Proposed Amendment - Financing
the Demolition of Illegal Construction at the Expense of the Builder)

The measure proposes doing so without judicial review
and without letting builders demolish structures themselves. State costs
are much higher.

Second and third readings were approved. The bill is
seriously flawed despite moderating its original form. Further Constitution,
Law, and Justice Committee debate is expected.

Entry into Israel Law (Amendment 21)

The measure pertains to work permits given migrant workers.
It seeks to restore binding them to one employer. Israel's High Court earlier
ruled it illegal, calling it "a modern form of slavery."

The bill was approved to become law after its second
and third readings.

Counter-Terrorism Bill

It seeks to legally anchor "state of emergency"
regulations regarding the fight against terrorism into permanent legislation.
Its provisions are draconian, threatening irreversible human rights damage.

Administrative detention and control orders are established,
authorizing anti-democratic authority to arrest and detain people indefinitely
without charge.

Secret evidence may be used. Terrorist organizations
and acts of terror are broadly defined. Illegal interrogation methods may
be used. New rules contradict basic criminal law standards.

Unchecked executive branch authority is granted without
trial based on uncorroborated suspicions. The measure is classic police
state extremism. The bill passed its first reading in August.

The measure lets police conduct intrusive searches at
places of entertainment and in their vicinity, even without suspicion of
wrongdoing. It essentially grants police state authority to discriminate
on the basis of religion, ethnicity, nationality and other inappropriate
criteria.

The measure seeks to require police to identify themselves.
ACRI supports the bill. Earlier it wrote police authorities about concerns
regarding masked police and other disguises.

Police now condone it, especially when confronting demonstrations.
The bill passed its first reading.

Discrimination against Women within the National Insurance
Law

Under current law, the National Insurance Institute (NII)
defines women who haven't worked for four consecutive years as housewives,
regardless of how long previously employed.

Housewives don't pay insurance premiums. As a result,
they forfeit some of rights. A Labor, Welfare and Health Committee raised
the problem. The NII assistant director said legislation was being prepared
to address it. At this time, nothing further is known.

Water

ACRI calls water a fundamental human right. It emphasizes
state responsibility to ensure equitable distribution without discrimination.
High water rates charged by private corporations pose problems. ACRI seeks
legislative relief.

A Final Comment

Israel's current Knesset under Netanyahu is its worst
ever. Repressive legislation threatens Arabs and Jews. Democracy is illusory,
not real. Bad conditions worsen.

Civilized societies accept all citizens as equals, or
should. Israel rejects that standard, even for most Jews.

Israeli Arabs never had rights. Increasing numbers of
Jews are now affected. Wealthy and privileged ones prosper at the expense
of others. Israel resembles America. Social justice and democratic freedoms
in both countries are fast disappearing.

Recent and current Knesset legislation gravely endanger
them. It's time for Israelis to rally again like last summer for social
justice. Otherwise they may lose out entirely.

Stephen Lendman lives in Chicago and can be reached at
lendmanstephen@sbcglobal.net.

Also visit his blog site at sjlendman.blogspot.com and
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